Sidhu (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream. The primary applicant, Mrs Sidhu, sought this visa as a Car Rental Agency Manager, with her husband, Mr Sukhpreet Singh, applying as a member of her family unit. The decision under review was made by the Administrative Appeals Tribunal, which remitted the applications to the Department for reconsideration.

The central legal issue before the Tribunal was whether the nominated position met the criteria for a Subclass 187 visa, specifically cl 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the requirements for the nominated position, the employer, the approval of the nomination, and the absence of adverse information.

The Tribunal reasoned that the nominated position, that of a Car Rental Agency Manager, met the specified criteria. It directed that the first named applicant, Mrs Sidhu, was to be considered to meet cl 187.233(3) of Schedule 2 to the Regulations. Consequently, Mr Singh's application, being dependent on Mrs Sidhu's, would be determined by reference to the outcome of her application upon remittal. The Tribunal's decision was to remit the applications for reconsideration by the Department.